Delhi High Court - Orders
Samir Kumar Paul vs Central Bureau Investigation And Anr on 2 April, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~25 & 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2315/2024 & CRL.M.A. 8932/2024
SAMIR KUMAR PAUL ..... Petitioner
Through: Mr. Preetpal Kaur & Mr. Rajat
Mangla, Advocates.
versus
CENTRAL BUREAU
INVESTIGATION AND ANR. ..... Respondent
Through: Mr. Ravi Sharma, SPP with Mr.
Anjani Kumar Rai & Mr. Praphull
Kumar, Advocates.
Mr. Rajesh Kumar, Ms. Mishika
Pandita & Mr. Shivam, Advocates for
R-2.
26
+ CRL.M.C. 2316/2024 & CRL.M.A. 8933/2024
RAHUL PAUL ..... Petitioner
Through: Mr. Preetpal Kaur & Mr. Rajat
Mangla, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Ravi Sharma, SPP with Mr.
Anjani Kumar Rai & Mr. Praphull
Kumar, Advocates.
Mr. Rajesh Kumar, Ms. Mishika
Pandita & Mr. Shivam, Advocates for
R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/04/2024 at 01:39:05
ORDER
% 02.04.2024
1. The present petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the petitioners for setting aside the order and waiving off the conditional cost imposed vide order dated 30.01.2024 passed by learned Special Judge (PC Act) (CBI) Rouse Avenue, New Delhi, in FIR No.81/2018 2(A)/2019 (RC2182019A0002), registered at P.S. Crime Branch, Delhi..
2. Learned counsel for the petitioner seeks modification of one of the conditions of interim bail granted to the accused vide order dated 31.01.2024, wherein the petitioner was directed to deposit an FDR of Rs.1 lac every month as instalment of Rs.5 lacs in terms of his undertaking given to the Court, failing which his interim bail can be cancelled, and he can be taken into custody.
3. This Court has gone through the entire order, and it is to be noted that the accused had himself undertaken to deposit the said amount as is mentioned in paragraph no.4 of the order dated 31.01.2024, which reads as "Even accused undertakes to deposit Rs.5 lacs as money to be given to the complainant/EPFO after conclusion of the trial without prejudice to his right".
4. Learned counsel now states that the petitioner is unable to arrange this money as he had remained in custody for long. This Court also notes that this is an order of grant of interim bail, which does not call for any interference, since any interference by this Court in an order for grant of interim bail will have repercussions on any further arguments being heard on the application for extension of interim bail or cancellation of interim bail This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 01:39:05 before the learned Trial Court.
5. In such circumstances, this Court deems it appropriate to direct that the petitioner herein can approach the learned Trial Court for extension of time for making the payment of money as mentioned in order dated 30.01.2024, and no other action is called for.
6. Accordingly, both the petitions are disposed of in above terms.
7. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J APRIL 02, 2024/hs Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 01:39:05